New Mexico: Final Authorization of State-Initiated Changes and Incorporation-by-Reference of State Hazardous Waste Management Program, 3152-3157 [2012-999]

Download as PDF 3152 Federal Register / Vol. 77, No. 14 / Monday, January 23, 2012 / Rules and Regulations continues to attain the 1997 PM2.5 NAAQS. ACTION: 6. Section 52.2056 is amended by adding paragraph (f) to read as follows: ■ Determinations of Attainment. * * * * * (f) Based upon EPA’s review of the air quality data for the 3-year period 2007 to 2009, EPA determined that the Philadelphia-Wilmington, PA–NJ–DE fine particle (PM2.5) nonattainment area attained the 1997 annual PM2.5 National Ambient Air Quality Standard (NAAQS) by the applicable attainment date of April 5, 2010. Therefore, EPA has met the requirement pursuant to CAA section 179(c) to determine, based on the area’s air quality as of the attainment date, whether the area attained the standard. EPA also determined that the Philadelphia-Wilmington, PA–NJ–DE PM2.5 nonattainment area is not subject to the consequences of failing to attain pursuant to section 179(d). ■ 7. Section 52.2059 is amended by adding paragraph (e) to read as follows: § 52.2059 matter. Control strategy: Particulate * * * * * (e) Determination of Attainment. EPA has determined, as of January 23, 2012, that based on 2007 to 2009 and 2008 to 2010 ambient air quality data, the Philadelphia-Wilmington, PA–NJ–DE nonattainment area has attained the 1997 annual PM2.5 NAAQS. This determination, in accordance with 40 CFR 52.1004(c), suspends the requirements for this area to submit an attainment demonstration, associated reasonably available control measures, a reasonable further progress plan, contingency measures, and other planning SIPs related to attainment of the standard for as long as this area continues to meet the 1997 annual PM2.5 NAAQS. [FR Doc. 2012–1089 Filed 1–20–12; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 271 and 272 mstockstill on DSK4VPTVN1PROD with RULES [EPA–R06–RCRA–2011–0407; FRL–9613–6] New Mexico: Final Authorization of State-Initiated Changes and Incorporation-by-Reference of State Hazardous Waste Management Program Environmental Protection Agency (EPA). AGENCY: VerDate Mar<15>2010 18:17 Jan 20, 2012 Jkt 226001 During a review of New Mexico’s regulations, the EPA identified a variety of State-initiated changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). We have determined that these changes are minor and satisfy all requirements needed to qualify for Final authorization and are authorizing the State-initiated changes through this Direct Final action. The Solid Waste Disposal Act, as amended, commonly referred to as the Resource Conservation and Recovery Act (RCRA), allows the Environmental Protection Agency (EPA) to authorize States to operate their hazardous waste management programs in lieu of the Federal program. The EPA uses the regulations entitled ‘‘Approved State Hazardous Waste Management Programs’’ to provide notice of the authorization status of State programs and to incorporate by reference those provisions of the State statutes and regulations that will be subject to the EPA’s inspection and enforcement. The rule codifies in the regulations the prior approval of New Mexico’s hazardous waste management program and incorporates by reference authorized provisions of the State’s statutes and regulations. SUMMARY: Subpart NN—Pennsylvania § 52.2056 Direct final rule. This regulation is effective March 23, 2012, unless the EPA receives adverse written comment on this regulation by the close of business February 22, 2012. If the EPA receives such comments, it will publish a timely withdrawal of this immediate final rule in the Federal Register informing the public that this rule will not take effect. The Director of the Federal Register approves this incorporation by reference as of March 23, 2012 in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. ADDRESSES: Submit your comments by one of the following methods: 1. Federal eRulemaking Portal: https://www.regulations.gov. Follow the on-line instructions for submitting comments. 2. Email: patterson.alima@epa.gov. 3. Mail: Alima Patterson, Region 6, Regional Authorization Coordinator, State/Tribal Oversight Section (6PD–O), or Julia Banks, Codification Coordinator, Multimedia Planning and Permitting Division, EPA Region 6, 1445 Ross Avenue, Dallas, Texas 75202–2733. 4. Hand Delivery or Courier: Deliver your comments to Alima Patterson, Region 6, Regional Authorization Coordinator, State/Tribal Oversight Section (6PD–O), Multimedia Planning and Permitting Division, EPA Region 6, DATES: PO 00000 Frm 00084 Fmt 4700 Sfmt 4700 1445 Ross Avenue, Dallas, Texas 75202– 2733. Instructions: Direct your comments to Docket ID No. EPA–R06–RCRA–201– 0407. EPA’s policy is that all comments received will be included in the public docket without change, including personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through https:// www.regulations.gov, or email. The Federal https://www.regulations.gov Web site is an ‘‘anonymous access’’ system, which means the EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email comment directly to the EPA without going through https:// www.regulations.gov, your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, the EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. If the EPA cannot read your comment due to technical difficulties, and cannot contact you for clarification, the EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. (For additional information about the EPA’s public docket, visit the EPA Docket Center homepage at https://www.epa.gov/epahome/ dockets.htm). You can view and copy the documents that form the basis for this codification and associated publicly available materials from 8:30 a.m. to 4 p.m. Monday through Friday at the following location: EPA Region 6, 1445 Ross Avenue, Dallas, Texas 75202–2733, phone number (214) 665–8533 or (214) 665–8178. Interested persons wanting to examine these documents should make an appointment with the office at least two weeks in advance. FOR FURTHER INFORMATION CONTACT: Alima Patterson, Region 6 Regional Authorization Coordinator (214) 665– 8533, or Julia Banks, Codification Coordinator, (214) 665–8178, State/ Tribal Oversight Section (6PD–O), Multimedia Planning and Permitting Division, EPA Region 6, 1445 Ross Avenue, Dallas, Texas 75202–2733, or E:\FR\FM\23JAR1.SGM 23JAR1 Federal Register / Vol. 77, No. 14 / Monday, January 23, 2012 / Rules and Regulations email address patterson.alima@epa.gov or banks.julia@epa.gov. SUPPLEMENTARY INFORMATION: I. Authorization of State-Initiated Changes A. Why are revisions to State programs necessary? States which have received Final authorization from the EPA under RCRA section 3006(b), 42 U.S.C. 6926(b), must maintain a hazardous waste program that is equivalent to, consistent with, and no less stringent than the Federal hazardous waste program. As the Federal program changes, the States must change their programs and ask the EPA to authorize the changes. Changes to State hazardous waste programs may be necessary when Federal or State statutory or regulatory authority is modified or when certain other changes occur. Most commonly, States must change their programs because of changes to the EPA’s regulations in 40 Code of Federal Regulations (CFR) parts 124, 260 through 268, 270, 273 and 279. States can also initiate their own changes to their hazardous waste program and these changes must then be authorized. mstockstill on DSK4VPTVN1PROD with RULES B. What decisions have we made in this rule? We conclude that New Mexico’s revisions to its authorized program meet all of the statutory and regulatory requirements established by RCRA. We found that the State-initiated changes make New Mexico’s rules more clear or conform more closely to the Federal equivalents and are so minor in nature that a formal application is unnecessary. Therefore, we grant New Mexico final authorization to operate its hazardous waste program with the changes described in the table at Section G below. New Mexico has responsibility for permitting Treatment, Storage, and Disposal Facilities (TSDFs) within its borders (except in Indian Country) and for carrying out all authorized aspects of the RCRA program, subject to the limitations of the Hazardous and Solid Waste Amendments of 1984 (HSWA). New Federal requirements and prohibitions imposed by Federal regulations that EPA promulgates under the authority of HSWA take effect in authorized States before they are authorized for the requirements. Thus, the EPA will implement those requirements and prohibitions in New Mexico, including issuing permits, until VerDate Mar<15>2010 18:17 Jan 20, 2012 Jkt 226001 the State is granted authorization to do so. C. What is the effect of this authorization decision? The effect of this decision is that a facility in New Mexico subject to RCRA will now have to comply with the authorized State requirements instead of the equivalent Federal requirements in order to comply with RCRA. New Mexico has enforcement responsibilities under its State hazardous waste program for violations of such program, but the EPA retains its authority under RCRA sections 3007, 3008, 3013, and 7003, which include, among others, authority to: • Do inspections, and require monitoring, tests, analyses, or reports; • Enforce RCRA requirements and suspend or revoke permits; and • Take enforcement actions after notice to and consultation with the State. This action does not impose additional requirements on the regulated community because the statutes and regulations for which New Mexico is being authorized by this direct action are already effective and are not changed by this action. D. Why wasn’t there a proposed rule before this rule? The EPA did not publish a proposal before this rule because we view this as a routine program change and do not expect comments that oppose this approval. We are providing an opportunity for public comment now. In addition to this rule, in the Proposed Rules section of this Federal Register, we are publishing a separate document that proposes to authorize the State program changes. E. What happens if EPA receives comments that oppose this action? If the EPA receives comments that oppose this authorization or the incorporation-by-reference of the State program, we will withdraw this rule by publishing a timely document in the Federal Register before the rule becomes effective. The EPA will base any further decision on the authorization of the State program changes, or the incorporation-byreference, on the proposal mentioned in the previous paragraph. We will then address all public comments in a later final rule. If you want to comment on this authorization and incorporation-byreference, you must do so at this time. If we receive comments that oppose PO 00000 Frm 00085 Fmt 4700 Sfmt 4700 3153 only the authorization of a particular change to the State hazardous waste program or the incorporation-byreference of the State program, we may withdraw only that part of this rule, but the authorization of the program changes or the incorporation-byreference of the State program that the comments do not oppose will become effective on the date specified above. The Federal Register withdrawal document will specify which part of the authorization or incorporation-byreference of the State program will become effective and which part is being withdrawn. F. For what has New Mexico previously been authorized? The State of New Mexico initially received Final authorization effective January 25, 1985, (50 FR 1515) to implement its Base Hazardous Waste Management program. Subsequently, the EPA approved additional program revision applications effective April 10, 1990 (55 FR 4604); July 25, 1990 (55 FR 28397); December 4, 1992 (57 FR 45717); August 23, 1994 (59 FR 29734); December 21, 1994 (59 FR 51122); July 10, 1995 (60 FR 20238); January 2, 1996 (60 FR 53708) as affirmed by the EPA in the Federal Register notice published on January 26, 1996 (61 FR 2450)); March 10, 1997 (61 FR 67474); October 9, 2001 (66 FR 42140); October 16, 2007 (72 FR 46165); May 26, 2009 (74 FR 12625), and December 27, 2010 (75 FR 65432). G. What changes are we authorizing with this action? The State has made amendments to the provisions listed in the table which follows. These amendments clarify the State’s regulations and make the State’s regulations more internally consistent. The State’s laws and regulations, as amended by these provisions, provide authority which remains equivalent to and no less stringent than the Federal laws and regulations. These Stateinitiated changes satisfy the requirements of 40 CFR 271.21(a). We are granting New Mexico final authorization to carry out the following provisions of the State’s program in lieu of the Federal program. These provisions are analogous to the indicated RCRA regulations found at 40 CFR as of July 1, 2008. The New Mexico provisions are from the New Mexico Administrative Code (NMAC), Title 20, Chapter 4, effective March 1, 2009. E:\FR\FM\23JAR1.SGM 23JAR1 3154 Federal Register / Vol. 77, No. 14 / Monday, January 23, 2012 / Rules and Regulations State requirement Analogous Federal requirement NMAC NMAC NMAC NMAC NMAC 20.4.1.101 introductory paragraph ............................................... 20.4.1.301 ..................................................................................... 20.4.1.401 ..................................................................................... 20.4.1.801 introductory paragraph and 801.A .............................. 20.4.1.801.B .................................................................................. NMAC NMAC NMAC NMAC NMAC NMAC 20.4.1.901.B(5) ............................................................................. 20.4.1.901.B(6) ............................................................................. 20.4.1.1001 introductory paragraph ............................................. 20.4.1.1001.A(2) ........................................................................... 20.4.1.1001.B. ............................................................................... 20.4.1.1003 ................................................................................... H. Who handles permits after the authorization takes effect? This authorization does not affect the status of State permits and those permits issued by the EPA because no new substantive requirements are a part of these revisions. I. How does this action affect Indian Country (18 U.S.C. 1151) in New Mexico? New Mexico is not authorized to carry out its Hazardous Waste Program in Indian Country within the State. This authority remains with EPA. Therefore, this action has no effect in Indian Country. mstockstill on DSK4VPTVN1PROD with RULES II. Incorporation-by-Reference A. What is codification? Codification is the process of placing a State’s statutes and regulations that comprise the State’s authorized hazardous waste management program into the Code of Federal Regulations (CFR). Section 3006(b) of RCRA, as amended, allows the Environmental Protection Agency (EPA) to authorize State hazardous waste management programs to operate in lieu of the Federal hazardous waste management regulatory program. The EPA codifies its authorization of State programs in 40 CFR part 272 and incorporates by reference State statutes and regulations that the EPA will enforce under sections 3007 and 3008 of RCRA and any other applicable statutory provisions. The incorporation by reference of State authorized programs in the CFR should substantially enhance the public’s ability to discern the current status of the authorized State program and State requirements that can be Federally enforced. This effort provides clear notice to the public of the scope of the authorized program in each State. B. What is the history of the codification of New Mexico’s hazardous waste management program? The EPA incorporated by reference New Mexico’s then authorized VerDate Mar<15>2010 18:17 Jan 20, 2012 Jkt 226001 40 CFR 260.10 and 270.2 related; no direct Federal analog. 40 CFR 262 related; no direct Federal analog. 40 CFR 263.20(e) related; no direct Federal analog. 40 CFR 268.1(e)(3) related; no direct Federal analog. 40 CFR 268.5, 268.6, 268.42(b), and 268.44(a)–(g) related; no direct Federal analog. 40 CFR 270.41 and 270.42(c) related; no direct Federal analog. 40 CFR 270.42(a) and (b) related; no direct Federal analog. 40 CFR 273 related; no direct Federal analog. 40 CFR 273.12 and 273.32 related; no direct Federal analog. 40 CFR 273.14 and 273.34 related; no direct Federal analog. 40 CFR 279.22 related; no direct Federal analog. hazardous waste program effective December 13, 1993 (58 FR 52677); August 21, 1995 (60 FR 32113); November 18, 1996 (61 FR 49265); July 13, 1998 (63 FR 23224); October 27, 2003 (68 FR 51487); and December 29, 2008 (73 FR 63897). In this document, the EPA is revising Subpart GG of 40 CFR part 272 to include the recent authorization revision actions effective May 26, 2009 (74 FR 12625) and December 27, 2010 (75 FR 65432). C. What codification decisions have we made in this rule? The purpose of this Federal Register document is to codify New Mexico’s base hazardous waste management program and its revisions to that program. The EPA provided notices and opportunity for comments on the Agency’s decisions to authorize the New Mexico program, and the EPA is not now reopening the decisions, nor requesting comments, on the New Mexico authorizations as published in the Federal Register notices specified in Section B of this document. This document incorporates by reference New Mexico’s hazardous waste statutes and regulations and clarifies which of these provisions are included in the authorized and Federally enforceable program. By codifying New Mexico’s authorized program and by amending the Code of Federal Regulations, the public will be able to more easily discern the status of Federally approved requirements of the New Mexico hazardous waste management program. The EPA is incorporating by reference the New Mexico authorized hazardous waste program in subpart GG of 40 CFR part 272. Section 272.1601 incorporates by reference New Mexico’s authorized hazardous waste statutes and regulations. Section 272.1601 also references the statutory provisions (including procedural and enforcement provisions) which provide the legal basis for the State’s implementation of the hazardous waste management PO 00000 Frm 00086 Fmt 4700 Sfmt 4700 program, the Memorandum of Agreement, the Attorney General’s Statements and the Program Description, which are approved as part of the hazardous waste management program under Subtitle C of RCRA. D. What is the effect of New Mexico’s codification on enforcement? The EPA retains its authority under statutory provisions, including but not limited to, RCRA sections 3007, 3008, 3013 and 7003, and other applicable statutory and regulatory provisions to undertake inspections and enforcement actions and to issue orders in authorized States. With respect to these actions, the EPA will rely on Federal sanctions, Federal inspection authorities, and Federal procedures rather than any authorized State analogues to these provisions. Therefore, the EPA is not incorporating by reference such particular, approved New Mexico procedural and enforcement authorities. Section 272.1601(c)(2) of 40 CFR lists the statutory provisions which provide the legal basis for the State’s implementation of the hazardous waste management program, as well as those procedural and enforcement authorities that are part of the State’s approved program, but these are not incorporated by reference. E. What State provisions are not part of the codification? The public needs to be aware that some provisions of New Mexico’s hazardous waste management program are not part of the Federally authorized State program. These non-authorized provisions include: (1) Provisions that are not part of the RCRA subtitle C program because they are ‘‘broader in scope’’ than RCRA subtitle C (see 40 CFR 271.1(i)); (2) Federal rules for which New Mexico is not authorized, but which have been incorporated into the State regulations because of the way the State adopted Federal regulations by reference. E:\FR\FM\23JAR1.SGM 23JAR1 Federal Register / Vol. 77, No. 14 / Monday, January 23, 2012 / Rules and Regulations mstockstill on DSK4VPTVN1PROD with RULES State provisions that are ‘‘broader in scope’’ than the Federal program are not part of the RCRA authorized program and the EPA will not enforce them. Therefore, they are not incorporated by reference in 40 CFR part 272. For reference and clarity, 40 CFR 272.1601(c)(3) lists the New Mexico regulatory provisions which are ‘‘broader in scope’’ than the Federal program and which are not part of the authorized program being incorporated by reference. ‘‘Broader in scope’’ provisions cannot be enforced by the EPA; the State, however, may enforce such provisions under State law. With respect to any requirement pursuant to the Hazardous and Solid Waste Amendments of 1984 (HSWA) for which the State has not yet been authorized, the EPA will continue to enforce the Federal HSWA standards until the State is authorized for these provisions. F. What will be the effect of Federal HSWA requirements on the codification? The EPA is not amending 40 CFR part 272 to include HSWA requirements and prohibitions that are implemented by the EPA. Section 3006(g) of RCRA provides that any HSWA requirement or prohibition (including implementing regulations) takes effect in authorized and not authorized States at the same time. A HSWA requirement or prohibition supersedes any less stringent or inconsistent State provision which may have been previously authorized by the EPA (50 FR 28702, July 15, 1985). The EPA has the authority to implement HSWA requirements in all States, including authorized States, until the States become authorized for such requirement or prohibition. Authorized States are required to revise their programs to adopt the HSWA requirements and prohibitions, and then to seek authorization for those revisions pursuant to 40 CFR part 271. Instead of amending the 40 CFR part 272 every time a new HSWA provision takes effect under the authority of RCRA section 3006(g), the EPA will wait until the State receives authorization for its analog to the new HSWA provision before amending the State’s 40 CFR part 272 incorporation by reference. Until then, persons wanting to know whether a HSWA requirement or prohibition is in effect should refer to 40 CFR 271.1(j), as amended, which lists each such provision. Some existing State requirements may be similar to the HSWA requirement implemented by the EPA. However, until the EPA authorizes those State VerDate Mar<15>2010 18:17 Jan 20, 2012 Jkt 226001 requirements, the EPA can only enforce the HSWA requirements and not the State analogs. The EPA will not codify those State requirements until the State receives authorization for those requirements. G. Statutory and Executive Order Reviews The Office of Management and Budget (OMB) has exempted this action from the requirements of Executive Order 12866 (58 FR 51735, October 4, 1993), and therefore this action is not subject to review by OMB. The reference to Executive Order 13563 (76 FR 3821 January 21, 2011) is also exempt from review under Executive orders 12866 (56 FR 51735, October 4, 1993). This rule incorporates by reference New Mexico’s authorized hazardous waste management regulations and imposes no additional requirements beyond those imposed by State law. Accordingly, I certify that this action will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this rule merely incorporates by reference certain existing State hazardous waste management program requirements which the EPA already approved under 40 CFR part 271, and with which regulated entities must already comply, it does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4). This action will not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132 (64 FR 43255, August 10, 1999), because it merely incorporates by reference existing authorized State hazardous waste management program requirements without altering the relationship or the distribution of power and responsibilities established by RCRA. This action also does not have Tribal implications within the meaning of Executive Order 13175 (65 FR 67249, November 6, 2000). This action also is not subject to Executive Order 13045 (62 FR 19885, April 23, 1997), because it is not economically significant and it does not make decisions based on environmental health or safety risks. This rule is not subject to Executive Order 13211, ‘‘Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use’’ (66 FR 28355, May PO 00000 Frm 00087 Fmt 4700 Sfmt 4700 3155 22, 2001), because it is not a significant regulatory action under Executive Order 12866. The requirements being codified are the result of New Mexico’s voluntary participation in the EPA’s State program authorization process under RCRA Subtitle C. Thus, the requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. As required by section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing this rule, the EPA has taken the necessary steps to eliminate drafting errors and ambiguity, minimize potential litigation, and provide a clear legal standard for affected conduct. The EPA has complied with Executive Order 12630 (53 FR 8859, March 15, 1988) by examining the takings implications of the rule in accordance with the ‘‘Attorney General’s Supplemental Guidelines for the Evaluation of Risk and Avoidance of Unanticipated Takings’’ issued under the executive order. This rule does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). The Congressional Review Act, 5 U.S.C. 801 et seq., as amended by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. The EPA will submit a report containing this document and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). This action will be effective March 23, 2012. List of Subjects in 40 CFR Parts 271 and 272 Environmental Protection, Administrative practice and procedure, Confidential business information, Hazardous waste, Hazardous waste transportation, Incorporation by reference, Indian lands, Intergovernmental relations, Penalties, Reporting and recordkeeping requirements, Water pollution control, Water supply. Authority: This action is issued under the authority of Sections 2002(a), 3006 and E:\FR\FM\23JAR1.SGM 23JAR1 3156 Federal Register / Vol. 77, No. 14 / Monday, January 23, 2012 / Rules and Regulations 7004(b) of the Solid Waste Disposal Act as amended, 42 U.S.C. 6912(a), 6926, 6974(b). Dated: December 14, 2011. Al Armendariz, Regional Administrator, Region 6. For the reasons set forth in the preamble, under the authority at 42 U.S.C. 6912(a), 6926, and 6974(b), the EPA is granting final authorization under part 271 to the State of New Mexico for revisions to its hazardous waste program under the Resource Conservation and Recovery Act and is amending 40 CFR part 272 as follows: PART 272—APPROVED STATE HAZARDOUS WASTE MANAGEMENT PROGRAMS 1. The authority citation for part 272 continues to read as follows: ■ Authority: Secs. 2002(a), 3006, and 7004(b) of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, as amended, 42 U.S.C. 6912(a), 6926, and 6974(b). 2. Revise § 272.1601 to read as follows: ■ § 272.1601 New Mexico StateAdministered Program: Final Authorization. (a) Pursuant to section 3006(b) of RCRA, 42 U.S.C. 6926(b), the EPA granted New Mexico final authorization for the following elements as submitted to EPA in New Mexico’s base program application for final authorization which was approved by EPA effective on January 25, 1985. Subsequent program revision applications were approved effective on April 10, 1990, July 25, 1990, December 4, 1992, August 23, 1994, December 21, 1994, July 10, 1995, January 2, 1996, March 10, 1997, October 9, 2001, October 16, 2007, May 26, 2009, and December 27, 2010. (b) The State of New Mexico has primary responsibility for enforcing its hazardous waste management program. However, EPA retains the authority to exercise its inspection and enforcement authorities in accordance with sections 3007, 3008, 3013, 7003 of RCRA, 42 U.S.C. 6927, 6928, 6934, 6973, and any other applicable statutory and regulatory provisions, regardless of whether the State has taken its own actions, as well as in accordance with other statutory and regulatory provisions. (c) State Statutes and Regulations. (1) The New Mexico statutes and regulations cited in paragraph (c)(1)(i) of this section are incorporated by reference as part of the hazardous waste management program under subtitle C of RCRA, 42 U.S.C. 6921 et seq. The Director of the Federal Register approves this incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may obtain copies of the New Mexico regulations that are incorporated by reference in this paragraph from the New Mexico Commission of Public Records, State Records Center and Archives, Administrative Law Division, 1205 Camino Carlos Rey, Santa Fe, NM 87507. The statutes are available from Conway Greene Company, 1400 East 30th Street, Suite #402, Cleveland, OH 44114. You may inspect a copy at EPA Region 6, 1445 Ross Avenue, Dallas, Texas 75202 (Phone number (214) 665– 8533), or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call (202) 741–6030, or go to: https://www.archives.gov/ federal-register/cfr/ibr-locations.html. (i) The binder entitled ‘‘EPAApproved New Mexico Statutory and Regulatory Requirements Applicable to the Hazardous Waste Management Program’’ dated December 2010. (ii) [Reserved] (2) The following provisions provide the legal basis for the State’s implementation of the hazardous waste management program, but they are not being incorporated by reference and do not replace Federal authorities: (i) New Mexico Rules Annotated, Rules of Civil Procedure for the District Courts, Article 4, (1995), Section 1–024. Federal requirement Federal Register reference mstockstill on DSK4VPTVN1PROD with RULES Biennial Report ........................................................................................................................... Permit Rules; Settlement Agreement ......................................................................................... Interim Status Standards; Applicability ....................................................................................... Chlorinated Aliphatic Hydrocarbon Listing (F024) ...................................................................... National Uniform Manifest .......................................................................................................... National Performance Track Program ........................................................................................ Performance Track provisions addressed in the Burden Reduction Initiative Rule .................. (ii) In the New Mexico’s Program Revision Application package for RCRA Clusters XIII through XVIII, the State VerDate Mar<15>2010 18:17 Jan 20, 2012 Jkt 226001 48 48 48 49 49 69 69 71 indicates that it is seeking authorization for breaking and crushing of universal waste lamps under the universal waste PO 00000 Frm 00088 (ii) New Mexico Statutes 1978 Annotated, Inspection of Public Records Act, Chapter 14, Article 2, (2009 Cumulative Supplement), Sections 14– 2–1 et seq. (iii) New Mexico Statutes 1978 Annotated, Hazardous Waste Act, Chapter 74, Article 4, (2000 Replacement Pamphlet), Sections 74–4– 4.1, 74–4–4.7.B and .C, 74–4–5, 74–4–7, 74–4–10.1 (except 74–4–10.1.C), and 74–4–14. (iv) New Mexico Statutes 1978 Annotated, Hazardous Waste Act, Chapter 74, Article 4, (2009 Cumulative Supplement), Sections 74–4–4, 74–4– 4.2.C through 74–4–4.2.F, 74–4– 4.2.G(1), 74–4–4.2.H, 74–4–4.2.I, 74–4– 4.3 (except 74–4–4.3.A(2) and 74–4– 4.3.F), 74–4–10, 74–4–11 through 74–4– 13. (v) Title 20, Chapter 4, Part 1, New Mexico Administrative Code, effective March 1, 2009, unless otherwise indicated: Sections 20.4.1.901 (except 20.4.1.901.B.1 through 20.4.1.901.B.7, and 20.4.1.901.E), 20.4.1.1100 (June 14, 2000), 20.4.1.1104 (June 14, 2000), 20.4.1.1105 (June 14, 2000), and 20.4.1.1107 (October 1, 2003). (3)(i) The following statutory provisions are broader in scope than the Federal program, are not part of the authorized program, and are not incorporated by reference: (ii) New Mexico Statutes 1978 Annotated, Hazardous Waste Act, Chapter 74, Article 4, (2000 Replacement Pamphlet), Section 74–4– 3.3. (iii) New Mexico Statutes 1978 Annotated, Hazardous Waste Act, Chapter 74, Article 4, (2009 Cumulative Supplement), Sections 74–4–4.2.J and 74–4–4.2.K. (4) Unauthorized State Amendments. (i) The State’s adoption of the Federal rules listed in the following table is not approved by the EPA and is therefore, not enforceable: Fmt 4700 Sfmt 4700 FR FR FR FR FR FR FR FR 3977 ........................ 39611 ...................... 52718 ...................... 5308 ........................ 10490 ...................... 21737 ...................... 62217 ...................... 16862 ...................... Publication date 01/28/83 09/01/83 11/22/83 02/10/84 03/20/84 04/24/04 10/24/04 04/04/06 program, in order to reduce their volume to facilitate management or transport to destination facilities (see 75 E:\FR\FM\23JAR1.SGM 23JAR1 Federal Register / Vol. 77, No. 14 / Monday, January 23, 2012 / Rules and Regulations FR 65432, Oct. 25, 2010). However, EPA did not authorize the breaking and crushing of universal waste lamps. The Agency needs further analysis to determine if the breaking and crushing of universal waste lamps will be authorized as part of the State’s authorized program. Therefore, in this codification notice EPA has determined to exclude the lamp crushing provisions from this codification. (5) Memorandum of Agreement. The Memorandum of Agreement between EPA Region 6 and the State of New Mexico, signed by the EPA Regional Administrator on October 12, 2010, is referenced as part of the authorized hazardous waste management program under subtitle C of RCRA, 42 U.S.C. 6921 et seq. (6) Statement of Legal Authority. ‘‘Attorney General’s Statement for Final Authorization’’, signed by the Attorney General of New Mexico January 1985, and revisions, supplements and addenda to that Statement dated April 13, 1988; September 14, 1988; July 19, 1989; July 23, 1992; February 14, 1994; July 18, 1994; July 20, 1994; August 11, 1994; November 28, 1994; August 24, 1995; January 12, 1996; June 14, 2000, August 3, 2006, September 15, 2008, and March 18, 2009, are referenced as part of the authorized hazardous waste management program under subtitle C of RCRA, 42 U.S.C. 6921 et seq. (7) Program Description. The Program Description and any other materials submitted as supplements thereto are referenced as part of the authorized hazardous waste management program under subtitle C of RCRA, 42 U.S.C. 6921 et seq. ■ 3. Appendix A to part 272 is amended by revising the listing for ‘‘New Mexico’’ to read as follows: Appendix A to Part 272—State Requirements mstockstill on DSK4VPTVN1PROD with RULES * * * * * New Mexico The statutory provisions include: New Mexico Statutes 1978 Annotated, Hazardous Waste Act, Chapter 74, Article 4 (2000 Replacement Pamphlet). Please note that for a few provisions the version found in the 2009 Cumulative Supplement to NMSA 74–4 is the approved version of the statutes. Chapter 74, Article 4, Sections 74–4–2, 74– 4–3 (except 74–4–3.A, 74–4–3.N, and 74–4– 3.R) (2009 Cumulative Supplement), 74–4– 3.1, 74–4–4.2.A and 74–4–4.2.B (2009 Cumulative Supplement), 74–4–4.2.G introductory paragraph (2009 Cumulative Supplement), 74–4–4.2.G(2) (2009 Cumulative Supplement), 74–4–4.3.F (2009 Cumulative Supplement), 74–4–4.7 (except 74–4–4.7.B and 74–4–4.7.C), 74–4–9, and 74– 4–10.1.C, as published by Conway Greene VerDate Mar<15>2010 18:17 Jan 20, 2012 Jkt 226001 Company, 1400 East 30th Street, Suite #402, Cleveland, OH 44114; Phone: (216) 619– 8091; Web site: https:// www.conwaygreene.com/nmsu/ lpext.dll?f=templates&fn=main-h.htm&2.0. The regulatory provisions include: Title 20, Chapter 4, Part 1, New Mexico Annotated Code, effective March 1, 2009, unless otherwise indicated, Sections 20.4.100, 20.4.1.101, 20.4.1.200, 20.4.1.300, 20.4.1.301, 20.4.1.400, 20.4.1.401, 20.4.1.500, 20.4.1.501, 20.4.1.600, 20.4.1.601, 20.4.1.700, 20.4.1.701, 20.4.1.702, 20.4.1.800, 20.4.801, 20.4.1.900, 20.4.1.901.B.1 through 20.4.1.901.B.7, 20.4.1.901.E, 20.4.1.902, 20.4.1.1000, 20.4.1.1001 introductory paragraph, 20.4.1.1001.A(2), 20.4.1.1001.B, 20.4.1.1002, 20.4.1.1003, 20.4.1.1102 (June 14, 2000), and 20.4.1103 (October 1, 2003). Copies of the New Mexico regulations can be obtained from the New Mexico Commission of Public Records, State Records Center and Archives, Administrative Law Division, 1205 Camino Carlos Rey, Santa Fe, NM 87507; Phone: (505) 476–7907; Web site: https:// www.nmcpr.state.nm.us/nmac/titles.htm. * * * * * [FR Doc. 2012–999 Filed 1–20–12; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 101126521–0640–02] RIN 0648–XA947 Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Catcher Vessels Greater Than or Equal To 60 Feet (18.3 Meters) Length Overall Using Pot Gear in the Bering Sea and Aleutian Islands Management Area National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. AGENCY: NMFS is prohibiting directed fishing for Pacific cod by pot catcher vessels greater than or equal to 60 feet (18.3 meters (m)) length overall (LOA) in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the A season apportionment of the 2012 Pacific cod total allowable catch (TAC) specified for pot catcher vessels greater than or equal to 60 feet (18.3 m) LOA in the BSAI. DATES: Effective 1200 hrs, Alaska local time (A.l.t.), January 20, 2012, through 1200 hrs, A.l.t., September 1, 2012. FOR FURTHER INFORMATION CONTACT: Josh Keaton, (907) 586–7228. SUMMARY: PO 00000 Frm 00089 Fmt 4700 Sfmt 4700 3157 NMFS manages the groundfish fishery in the BSAI exclusive economic zone according to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (FMP) prepared by the North Pacific Fishery Management Council under authority of the Magnuson-Stevens Fishery Conservation and Management Act. Regulations governing fishing by U.S. vessels in accordance with the FMP appear at subpart H of 50 CFR part 600 and 50 CFR part 679. The A season apportionment of the 2012 Pacific cod TAC allocated as a directed fishing allowance to pot catcher vessels greater than or equal to 60 feet (18.3 m) LOA in the BSAI is 9,950 metric tons as established by the final 2011 and 2012 harvest specifications for groundfish in the BSAI (76 FR 11139, March 1, 2011) and inseason adjustment (76 FR 81875, December 29, 2011). In accordance with § 679.20(d)(1)(iii), the Administrator, Alaska Region, NMFS, has determined that the A season apportionment of the 2012 Pacific cod TAC allocated as a directed fishing allowance to pot catcher vessels greater than or equal to 60 feet (18.3 m) LOA in the BSAI has been reached. Consequently, NMFS is prohibiting directed fishing for Pacific cod by pot catcher vessels greater than or equal to 60 feet (18.3 m) LOA in the BSAI. After the effective date of this closure the maximum retainable amounts at § 679.20(e) and (f) apply at any time during a trip. SUPPLEMENTARY INFORMATION: Classification This action responds to the best available information recently obtained from the fishery. The Assistant Administrator for Fisheries, NOAA (AA), finds good cause to waive the requirement to provide prior notice and opportunity for public comment pursuant to the authority set forth at 5 U.S.C. 553(b)(B) as such requirement is impracticable and contrary to the public interest. This requirement is impracticable and contrary to the public interest as it would prevent NMFS from responding to the most recent fisheries data in a timely fashion and would delay the closure of Pacific cod by pot catcher vessels greater than or equal to 60 feet (18.3 m) LOA in the BSAI. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of January 17, 2012. The AA also finds good cause to waive the 30-day delay in the effective date of this action under 5 U.S.C. E:\FR\FM\23JAR1.SGM 23JAR1

Agencies

[Federal Register Volume 77, Number 14 (Monday, January 23, 2012)]
[Rules and Regulations]
[Pages 3152-3157]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-999]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 271 and 272

[EPA-R06-RCRA-2011-0407; FRL-9613-6]


New Mexico: Final Authorization of State-Initiated Changes and 
Incorporation-by-Reference of State Hazardous Waste Management Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: During a review of New Mexico's regulations, the EPA 
identified a variety of State-initiated changes to its hazardous waste 
program under the Resource Conservation and Recovery Act (RCRA). We 
have determined that these changes are minor and satisfy all 
requirements needed to qualify for Final authorization and are 
authorizing the State-initiated changes through this Direct Final 
action.
    The Solid Waste Disposal Act, as amended, commonly referred to as 
the Resource Conservation and Recovery Act (RCRA), allows the 
Environmental Protection Agency (EPA) to authorize States to operate 
their hazardous waste management programs in lieu of the Federal 
program. The EPA uses the regulations entitled ``Approved State 
Hazardous Waste Management Programs'' to provide notice of the 
authorization status of State programs and to incorporate by reference 
those provisions of the State statutes and regulations that will be 
subject to the EPA's inspection and enforcement. The rule codifies in 
the regulations the prior approval of New Mexico's hazardous waste 
management program and incorporates by reference authorized provisions 
of the State's statutes and regulations.

DATES: This regulation is effective March 23, 2012, unless the EPA 
receives adverse written comment on this regulation by the close of 
business February 22, 2012. If the EPA receives such comments, it will 
publish a timely withdrawal of this immediate final rule in the Federal 
Register informing the public that this rule will not take effect. The 
Director of the Federal Register approves this incorporation by 
reference as of March 23, 2012 in accordance with 5 U.S.C. 552(a) and 1 
CFR part 51.

ADDRESSES: Submit your comments by one of the following methods:
    1. Federal eRulemaking Portal: https://www.regulations.gov. Follow 
the on-line instructions for submitting comments.
    2. Email: patterson.alima@epa.gov.
    3. Mail: Alima Patterson, Region 6, Regional Authorization 
Coordinator, State/Tribal Oversight Section (6PD-O), or Julia Banks, 
Codification Coordinator, Multimedia Planning and Permitting Division, 
EPA Region 6, 1445 Ross Avenue, Dallas, Texas 75202-2733.
    4. Hand Delivery or Courier: Deliver your comments to Alima 
Patterson, Region 6, Regional Authorization Coordinator, State/Tribal 
Oversight Section (6PD-O), Multimedia Planning and Permitting Division, 
EPA Region 6, 1445 Ross Avenue, Dallas, Texas 75202-2733.
    Instructions: Direct your comments to Docket ID No. EPA-R06-RCRA-
201-0407.
    EPA's policy is that all comments received will be included in the 
public docket without change, including personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through https://www.regulations.gov, or 
email. The Federal https://www.regulations.gov Web site is an 
``anonymous access'' system, which means the EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an email comment directly to the EPA without 
going through https://www.regulations.gov, your email address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, the EPA recommends that you include your 
name and other contact information in the body of your comment and with 
any disk or CD-ROM you submit. If the EPA cannot read your comment due 
to technical difficulties, and cannot contact you for clarification, 
the EPA may not be able to consider your comment. Electronic files 
should avoid the use of special characters, any form of encryption, and 
be free of any defects or viruses. (For additional information about 
the EPA's public docket, visit the EPA Docket Center homepage at https://www.epa.gov/epahome/dockets.htm).
    You can view and copy the documents that form the basis for this 
codification and associated publicly available materials from 8:30 a.m. 
to 4 p.m. Monday through Friday at the following location: EPA Region 
6, 1445 Ross Avenue, Dallas, Texas 75202-2733, phone number (214) 665-
8533 or (214) 665-8178. Interested persons wanting to examine these 
documents should make an appointment with the office at least two weeks 
in advance.

FOR FURTHER INFORMATION CONTACT: Alima Patterson, Region 6 Regional 
Authorization Coordinator (214) 665-8533, or Julia Banks, Codification 
Coordinator, (214) 665-8178, State/Tribal Oversight Section (6PD-O), 
Multimedia Planning and Permitting Division, EPA Region 6, 1445 Ross 
Avenue, Dallas, Texas 75202-2733, or

[[Page 3153]]

email address patterson.alima@epa.gov or banks.julia@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. Authorization of State-Initiated Changes

A. Why are revisions to State programs necessary?

    States which have received Final authorization from the EPA under 
RCRA section 3006(b), 42 U.S.C. 6926(b), must maintain a hazardous 
waste program that is equivalent to, consistent with, and no less 
stringent than the Federal hazardous waste program. As the Federal 
program changes, the States must change their programs and ask the EPA 
to authorize the changes. Changes to State hazardous waste programs may 
be necessary when Federal or State statutory or regulatory authority is 
modified or when certain other changes occur. Most commonly, States 
must change their programs because of changes to the EPA's regulations 
in 40 Code of Federal Regulations (CFR) parts 124, 260 through 268, 
270, 273 and 279. States can also initiate their own changes to their 
hazardous waste program and these changes must then be authorized.

B. What decisions have we made in this rule?

    We conclude that New Mexico's revisions to its authorized program 
meet all of the statutory and regulatory requirements established by 
RCRA. We found that the State-initiated changes make New Mexico's rules 
more clear or conform more closely to the Federal equivalents and are 
so minor in nature that a formal application is unnecessary. Therefore, 
we grant New Mexico final authorization to operate its hazardous waste 
program with the changes described in the table at Section G below. New 
Mexico has responsibility for permitting Treatment, Storage, and 
Disposal Facilities (TSDFs) within its borders (except in Indian 
Country) and for carrying out all authorized aspects of the RCRA 
program, subject to the limitations of the Hazardous and Solid Waste 
Amendments of 1984 (HSWA). New Federal requirements and prohibitions 
imposed by Federal regulations that EPA promulgates under the authority 
of HSWA take effect in authorized States before they are authorized for 
the requirements. Thus, the EPA will implement those requirements and 
prohibitions in New Mexico, including issuing permits, until the State 
is granted authorization to do so.

C. What is the effect of this authorization decision?

    The effect of this decision is that a facility in New Mexico 
subject to RCRA will now have to comply with the authorized State 
requirements instead of the equivalent Federal requirements in order to 
comply with RCRA. New Mexico has enforcement responsibilities under its 
State hazardous waste program for violations of such program, but the 
EPA retains its authority under RCRA sections 3007, 3008, 3013, and 
7003, which include, among others, authority to:
     Do inspections, and require monitoring, tests, analyses, 
or reports;
     Enforce RCRA requirements and suspend or revoke permits; 
and
     Take enforcement actions after notice to and consultation 
with the State.
    This action does not impose additional requirements on the 
regulated community because the statutes and regulations for which New 
Mexico is being authorized by this direct action are already effective 
and are not changed by this action.

D. Why wasn't there a proposed rule before this rule?

    The EPA did not publish a proposal before this rule because we view 
this as a routine program change and do not expect comments that oppose 
this approval. We are providing an opportunity for public comment now. 
In addition to this rule, in the Proposed Rules section of this Federal 
Register, we are publishing a separate document that proposes to 
authorize the State program changes.

E. What happens if EPA receives comments that oppose this action?

    If the EPA receives comments that oppose this authorization or the 
incorporation-by-reference of the State program, we will withdraw this 
rule by publishing a timely document in the Federal Register before the 
rule becomes effective. The EPA will base any further decision on the 
authorization of the State program changes, or the incorporation-by-
reference, on the proposal mentioned in the previous paragraph. We will 
then address all public comments in a later final rule. If you want to 
comment on this authorization and incorporation-by-reference, you must 
do so at this time. If we receive comments that oppose only the 
authorization of a particular change to the State hazardous waste 
program or the incorporation-by-reference of the State program, we may 
withdraw only that part of this rule, but the authorization of the 
program changes or the incorporation-by-reference of the State program 
that the comments do not oppose will become effective on the date 
specified above. The Federal Register withdrawal document will specify 
which part of the authorization or incorporation-by-reference of the 
State program will become effective and which part is being withdrawn.

F. For what has New Mexico previously been authorized?

    The State of New Mexico initially received Final authorization 
effective January 25, 1985, (50 FR 1515) to implement its Base 
Hazardous Waste Management program. Subsequently, the EPA approved 
additional program revision applications effective April 10, 1990 (55 
FR 4604); July 25, 1990 (55 FR 28397); December 4, 1992 (57 FR 45717); 
August 23, 1994 (59 FR 29734); December 21, 1994 (59 FR 51122); July 
10, 1995 (60 FR 20238); January 2, 1996 (60 FR 53708) as affirmed by 
the EPA in the Federal Register notice published on January 26, 1996 
(61 FR 2450)); March 10, 1997 (61 FR 67474); October 9, 2001 (66 FR 
42140); October 16, 2007 (72 FR 46165); May 26, 2009 (74 FR 12625), and 
December 27, 2010 (75 FR 65432).

G. What changes are we authorizing with this action?

    The State has made amendments to the provisions listed in the table 
which follows. These amendments clarify the State's regulations and 
make the State's regulations more internally consistent. The State's 
laws and regulations, as amended by these provisions, provide authority 
which remains equivalent to and no less stringent than the Federal laws 
and regulations. These State-initiated changes satisfy the requirements 
of 40 CFR 271.21(a). We are granting New Mexico final authorization to 
carry out the following provisions of the State's program in lieu of 
the Federal program. These provisions are analogous to the indicated 
RCRA regulations found at 40 CFR as of July 1, 2008. The New Mexico 
provisions are from the New Mexico Administrative Code (NMAC), Title 
20, Chapter 4, effective March 1, 2009.

[[Page 3154]]



------------------------------------------------------------------------
           State requirement              Analogous Federal requirement
------------------------------------------------------------------------
NMAC 20.4.1.101 introductory paragraph.  40 CFR 260.10 and 270.2
                                          related; no direct Federal
                                          analog.
NMAC 20.4.1.301........................  40 CFR 262 related; no direct
                                          Federal analog.
NMAC 20.4.1.401........................  40 CFR 263.20(e) related; no
                                          direct Federal analog.
NMAC 20.4.1.801 introductory paragraph   40 CFR 268.1(e)(3) related; no
 and 801.A.                               direct Federal analog.
NMAC 20.4.1.801.B......................  40 CFR 268.5, 268.6, 268.42(b),
                                          and 268.44(a)-(g) related; no
                                          direct Federal analog.
NMAC 20.4.1.901.B(5)...................  40 CFR 270.41 and 270.42(c)
                                          related; no direct Federal
                                          analog.
NMAC 20.4.1.901.B(6)...................  40 CFR 270.42(a) and (b)
                                          related; no direct Federal
                                          analog.
NMAC 20.4.1.1001 introductory paragraph  40 CFR 273 related; no direct
                                          Federal analog.
NMAC 20.4.1.1001.A(2)..................  40 CFR 273.12 and 273.32
                                          related; no direct Federal
                                          analog.
NMAC 20.4.1.1001.B.....................  40 CFR 273.14 and 273.34
                                          related; no direct Federal
                                          analog.
NMAC 20.4.1.1003.......................  40 CFR 279.22 related; no
                                          direct Federal analog.
------------------------------------------------------------------------

H. Who handles permits after the authorization takes effect?

    This authorization does not affect the status of State permits and 
those permits issued by the EPA because no new substantive requirements 
are a part of these revisions.

I. How does this action affect Indian Country (18 U.S.C. 1151) in New 
Mexico?

    New Mexico is not authorized to carry out its Hazardous Waste 
Program in Indian Country within the State. This authority remains with 
EPA. Therefore, this action has no effect in Indian Country.

II. Incorporation-by-Reference

A. What is codification?

    Codification is the process of placing a State's statutes and 
regulations that comprise the State's authorized hazardous waste 
management program into the Code of Federal Regulations (CFR). Section 
3006(b) of RCRA, as amended, allows the Environmental Protection Agency 
(EPA) to authorize State hazardous waste management programs to operate 
in lieu of the Federal hazardous waste management regulatory program. 
The EPA codifies its authorization of State programs in 40 CFR part 272 
and incorporates by reference State statutes and regulations that the 
EPA will enforce under sections 3007 and 3008 of RCRA and any other 
applicable statutory provisions.
    The incorporation by reference of State authorized programs in the 
CFR should substantially enhance the public's ability to discern the 
current status of the authorized State program and State requirements 
that can be Federally enforced. This effort provides clear notice to 
the public of the scope of the authorized program in each State.

B. What is the history of the codification of New Mexico's hazardous 
waste management program?

    The EPA incorporated by reference New Mexico's then authorized 
hazardous waste program effective December 13, 1993 (58 FR 52677); 
August 21, 1995 (60 FR 32113); November 18, 1996 (61 FR 49265); July 
13, 1998 (63 FR 23224); October 27, 2003 (68 FR 51487); and December 
29, 2008 (73 FR 63897). In this document, the EPA is revising Subpart 
GG of 40 CFR part 272 to include the recent authorization revision 
actions effective May 26, 2009 (74 FR 12625) and December 27, 2010 (75 
FR 65432).

C. What codification decisions have we made in this rule?

    The purpose of this Federal Register document is to codify New 
Mexico's base hazardous waste management program and its revisions to 
that program. The EPA provided notices and opportunity for comments on 
the Agency's decisions to authorize the New Mexico program, and the EPA 
is not now reopening the decisions, nor requesting comments, on the New 
Mexico authorizations as published in the Federal Register notices 
specified in Section B of this document.
    This document incorporates by reference New Mexico's hazardous 
waste statutes and regulations and clarifies which of these provisions 
are included in the authorized and Federally enforceable program. By 
codifying New Mexico's authorized program and by amending the Code of 
Federal Regulations, the public will be able to more easily discern the 
status of Federally approved requirements of the New Mexico hazardous 
waste management program.
    The EPA is incorporating by reference the New Mexico authorized 
hazardous waste program in subpart GG of 40 CFR part 272. Section 
272.1601 incorporates by reference New Mexico's authorized hazardous 
waste statutes and regulations. Section 272.1601 also references the 
statutory provisions (including procedural and enforcement provisions) 
which provide the legal basis for the State's implementation of the 
hazardous waste management program, the Memorandum of Agreement, the 
Attorney General's Statements and the Program Description, which are 
approved as part of the hazardous waste management program under 
Subtitle C of RCRA.

D. What is the effect of New Mexico's codification on enforcement?

    The EPA retains its authority under statutory provisions, including 
but not limited to, RCRA sections 3007, 3008, 3013 and 7003, and other 
applicable statutory and regulatory provisions to undertake inspections 
and enforcement actions and to issue orders in authorized States. With 
respect to these actions, the EPA will rely on Federal sanctions, 
Federal inspection authorities, and Federal procedures rather than any 
authorized State analogues to these provisions. Therefore, the EPA is 
not incorporating by reference such particular, approved New Mexico 
procedural and enforcement authorities. Section 272.1601(c)(2) of 40 
CFR lists the statutory provisions which provide the legal basis for 
the State's implementation of the hazardous waste management program, 
as well as those procedural and enforcement authorities that are part 
of the State's approved program, but these are not incorporated by 
reference.

E. What State provisions are not part of the codification?

    The public needs to be aware that some provisions of New Mexico's 
hazardous waste management program are not part of the Federally 
authorized State program. These non-authorized provisions include:
    (1) Provisions that are not part of the RCRA subtitle C program 
because they are ``broader in scope'' than RCRA subtitle C (see 40 CFR 
271.1(i));
    (2) Federal rules for which New Mexico is not authorized, but which 
have been incorporated into the State regulations because of the way 
the State adopted Federal regulations by reference.

[[Page 3155]]

    State provisions that are ``broader in scope'' than the Federal 
program are not part of the RCRA authorized program and the EPA will 
not enforce them. Therefore, they are not incorporated by reference in 
40 CFR part 272. For reference and clarity, 40 CFR 272.1601(c)(3) lists 
the New Mexico regulatory provisions which are ``broader in scope'' 
than the Federal program and which are not part of the authorized 
program being incorporated by reference. ``Broader in scope'' 
provisions cannot be enforced by the EPA; the State, however, may 
enforce such provisions under State law.
    With respect to any requirement pursuant to the Hazardous and Solid 
Waste Amendments of 1984 (HSWA) for which the State has not yet been 
authorized, the EPA will continue to enforce the Federal HSWA standards 
until the State is authorized for these provisions.

F. What will be the effect of Federal HSWA requirements on the 
codification?

    The EPA is not amending 40 CFR part 272 to include HSWA 
requirements and prohibitions that are implemented by the EPA. Section 
3006(g) of RCRA provides that any HSWA requirement or prohibition 
(including implementing regulations) takes effect in authorized and not 
authorized States at the same time. A HSWA requirement or prohibition 
supersedes any less stringent or inconsistent State provision which may 
have been previously authorized by the EPA (50 FR 28702, July 15, 
1985). The EPA has the authority to implement HSWA requirements in all 
States, including authorized States, until the States become authorized 
for such requirement or prohibition. Authorized States are required to 
revise their programs to adopt the HSWA requirements and prohibitions, 
and then to seek authorization for those revisions pursuant to 40 CFR 
part 271.
    Instead of amending the 40 CFR part 272 every time a new HSWA 
provision takes effect under the authority of RCRA section 3006(g), the 
EPA will wait until the State receives authorization for its analog to 
the new HSWA provision before amending the State's 40 CFR part 272 
incorporation by reference. Until then, persons wanting to know whether 
a HSWA requirement or prohibition is in effect should refer to 40 CFR 
271.1(j), as amended, which lists each such provision.
    Some existing State requirements may be similar to the HSWA 
requirement implemented by the EPA. However, until the EPA authorizes 
those State requirements, the EPA can only enforce the HSWA 
requirements and not the State analogs. The EPA will not codify those 
State requirements until the State receives authorization for those 
requirements.

G. Statutory and Executive Order Reviews

    The Office of Management and Budget (OMB) has exempted this action 
from the requirements of Executive Order 12866 (58 FR 51735, October 4, 
1993), and therefore this action is not subject to review by OMB. The 
reference to Executive Order 13563 (76 FR 3821 January 21, 2011) is 
also exempt from review under Executive orders 12866 (56 FR 51735, 
October 4, 1993). This rule incorporates by reference New Mexico's 
authorized hazardous waste management regulations and imposes no 
additional requirements beyond those imposed by State law. Accordingly, 
I certify that this action will not have a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.). Because this rule merely 
incorporates by reference certain existing State hazardous waste 
management program requirements which the EPA already approved under 40 
CFR part 271, and with which regulated entities must already comply, it 
does not contain any unfunded mandate or significantly or uniquely 
affect small governments, as described in the Unfunded Mandates Reform 
Act of 1995 (Pub. L. 104-4).
    This action will not have substantial direct effects on the States, 
on the relationship between the national government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government, as specified in Executive Order 13132 (64 FR 
43255, August 10, 1999), because it merely incorporates by reference 
existing authorized State hazardous waste management program 
requirements without altering the relationship or the distribution of 
power and responsibilities established by RCRA. This action also does 
not have Tribal implications within the meaning of Executive Order 
13175 (65 FR 67249, November 6, 2000).
    This action also is not subject to Executive Order 13045 (62 FR 
19885, April 23, 1997), because it is not economically significant and 
it does not make decisions based on environmental health or safety 
risks. This rule is not subject to Executive Order 13211, ``Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use'' (66 FR 28355, May 22, 2001), because it is not a 
significant regulatory action under Executive Order 12866.
    The requirements being codified are the result of New Mexico's 
voluntary participation in the EPA's State program authorization 
process under RCRA Subtitle C. Thus, the requirements of section 12(d) 
of the National Technology Transfer and Advancement Act of 1995 (15 
U.S.C. 272 note) do not apply. As required by section 3 of Executive 
Order 12988 (61 FR 4729, February 7, 1996), in issuing this rule, the 
EPA has taken the necessary steps to eliminate drafting errors and 
ambiguity, minimize potential litigation, and provide a clear legal 
standard for affected conduct. The EPA has complied with Executive 
Order 12630 (53 FR 8859, March 15, 1988) by examining the takings 
implications of the rule in accordance with the ``Attorney General's 
Supplemental Guidelines for the Evaluation of Risk and Avoidance of 
Unanticipated Takings'' issued under the executive order. This rule 
does not impose an information collection burden under the provisions 
of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as amended by 
the Small Business Regulatory Enforcement Fairness Act of 1996, 
generally provides that before a rule may take effect, the agency 
promulgating the rule must submit a rule report, which includes a copy 
of the rule, to each House of the Congress and to the Comptroller 
General of the United States. The EPA will submit a report containing 
this document and other required information to the U.S. Senate, the 
U.S. House of Representatives, and the Comptroller General of the 
United States prior to publication in the Federal Register. A major 
rule cannot take effect until 60 days after it is published in the 
Federal Register. This action is not a ``major rule'' as defined by 5 
U.S.C. 804(2). This action will be effective March 23, 2012.

List of Subjects in 40 CFR Parts 271 and 272

    Environmental Protection, Administrative practice and procedure, 
Confidential business information, Hazardous waste, Hazardous waste 
transportation, Incorporation by reference, Indian lands, 
Intergovernmental relations, Penalties, Reporting and recordkeeping 
requirements, Water pollution control, Water supply.

    Authority: This action is issued under the authority of Sections 
2002(a), 3006 and

[[Page 3156]]

7004(b) of the Solid Waste Disposal Act as amended, 42 U.S.C. 
6912(a), 6926, 6974(b).

    Dated: December 14, 2011.
Al Armendariz,
Regional Administrator, Region 6.
    For the reasons set forth in the preamble, under the authority at 
42 U.S.C. 6912(a), 6926, and 6974(b), the EPA is granting final 
authorization under part 271 to the State of New Mexico for revisions 
to its hazardous waste program under the Resource Conservation and 
Recovery Act and is amending 40 CFR part 272 as follows:

PART 272--APPROVED STATE HAZARDOUS WASTE MANAGEMENT PROGRAMS

0
1. The authority citation for part 272 continues to read as follows:

    Authority:  Secs. 2002(a), 3006, and 7004(b) of the Solid Waste 
Disposal Act, as amended by the Resource Conservation and Recovery 
Act, as amended, 42 U.S.C. 6912(a), 6926, and 6974(b).


0
2. Revise Sec.  272.1601 to read as follows:


Sec.  272.1601  New Mexico State-Administered Program: Final 
Authorization.

    (a) Pursuant to section 3006(b) of RCRA, 42 U.S.C. 6926(b), the EPA 
granted New Mexico final authorization for the following elements as 
submitted to EPA in New Mexico's base program application for final 
authorization which was approved by EPA effective on January 25, 1985. 
Subsequent program revision applications were approved effective on 
April 10, 1990, July 25, 1990, December 4, 1992, August 23, 1994, 
December 21, 1994, July 10, 1995, January 2, 1996, March 10, 1997, 
October 9, 2001, October 16, 2007, May 26, 2009, and December 27, 2010.
    (b) The State of New Mexico has primary responsibility for 
enforcing its hazardous waste management program. However, EPA retains 
the authority to exercise its inspection and enforcement authorities in 
accordance with sections 3007, 3008, 3013, 7003 of RCRA, 42 U.S.C. 
6927, 6928, 6934, 6973, and any other applicable statutory and 
regulatory provisions, regardless of whether the State has taken its 
own actions, as well as in accordance with other statutory and 
regulatory provisions.
    (c) State Statutes and Regulations.
    (1) The New Mexico statutes and regulations cited in paragraph 
(c)(1)(i) of this section are incorporated by reference as part of the 
hazardous waste management program under subtitle C of RCRA, 42 U.S.C. 
6921 et seq. The Director of the Federal Register approves this 
incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR 
part 51. You may obtain copies of the New Mexico regulations that are 
incorporated by reference in this paragraph from the New Mexico 
Commission of Public Records, State Records Center and Archives, 
Administrative Law Division, 1205 Camino Carlos Rey, Santa Fe, NM 
87507. The statutes are available from Conway Greene Company, 1400 East 
30th Street, Suite 402, Cleveland, OH 44114. You may inspect a 
copy at EPA Region 6, 1445 Ross Avenue, Dallas, Texas 75202 (Phone 
number (214) 665-8533), or at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call (202) 741-6030, or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.
    (i) The binder entitled ``EPA-Approved New Mexico Statutory and 
Regulatory Requirements Applicable to the Hazardous Waste Management 
Program'' dated December 2010.
    (ii) [Reserved]
    (2) The following provisions provide the legal basis for the 
State's implementation of the hazardous waste management program, but 
they are not being incorporated by reference and do not replace Federal 
authorities:
    (i) New Mexico Rules Annotated, Rules of Civil Procedure for the 
District Courts, Article 4, (1995), Section 1-024.
    (ii) New Mexico Statutes 1978 Annotated, Inspection of Public 
Records Act, Chapter 14, Article 2, (2009 Cumulative Supplement), 
Sections 14-2-1 et seq.
    (iii) New Mexico Statutes 1978 Annotated, Hazardous Waste Act, 
Chapter 74, Article 4, (2000 Replacement Pamphlet), Sections 74-4-4.1, 
74-4-4.7.B and .C, 74-4-5, 74-4-7, 74-4-10.1 (except 74-4-10.1.C), and 
74-4-14.
    (iv) New Mexico Statutes 1978 Annotated, Hazardous Waste Act, 
Chapter 74, Article 4, (2009 Cumulative Supplement), Sections 74-4-4, 
74-4-4.2.C through 74-4-4.2.F, 74-4-4.2.G(1), 74-4-4.2.H, 74-4-4.2.I, 
74-4-4.3 (except 74-4-4.3.A(2) and 74-4-4.3.F), 74-4-10, 74-4-11 
through 74-4-13.
    (v) Title 20, Chapter 4, Part 1, New Mexico Administrative Code, 
effective March 1, 2009, unless otherwise indicated: Sections 
20.4.1.901 (except 20.4.1.901.B.1 through 20.4.1.901.B.7, and 
20.4.1.901.E), 20.4.1.1100 (June 14, 2000), 20.4.1.1104 (June 14, 
2000), 20.4.1.1105 (June 14, 2000), and 20.4.1.1107 (October 1, 2003).
    (3)(i) The following statutory provisions are broader in scope than 
the Federal program, are not part of the authorized program, and are 
not incorporated by reference:
    (ii) New Mexico Statutes 1978 Annotated, Hazardous Waste Act, 
Chapter 74, Article 4, (2000 Replacement Pamphlet), Section 74-4-3.3.
    (iii) New Mexico Statutes 1978 Annotated, Hazardous Waste Act, 
Chapter 74, Article 4, (2009 Cumulative Supplement), Sections 74-4-
4.2.J and 74-4-4.2.K.
    (4) Unauthorized State Amendments.
    (i) The State's adoption of the Federal rules listed in the 
following table is not approved by the EPA and is therefore, not 
enforceable:

----------------------------------------------------------------------------------------------------------------
            Federal requirement                         Federal Register reference             Publication date
----------------------------------------------------------------------------------------------------------------
Biennial Report............................  48 FR 3977.....................................            01/28/83
Permit Rules; Settlement Agreement.........  48 FR 39611....................................            09/01/83
Interim Status Standards; Applicability....  48 FR 52718....................................            11/22/83
Chlorinated Aliphatic Hydrocarbon Listing    49 FR 5308.....................................            02/10/84
 (F024).
National Uniform Manifest..................  49 FR 10490....................................            03/20/84
National Performance Track Program.........  69 FR 21737....................................            04/24/04
                                             69 FR 62217....................................            10/24/04
Performance Track provisions addressed in    71 FR 16862....................................            04/04/06
 the Burden Reduction Initiative Rule.
----------------------------------------------------------------------------------------------------------------

     (ii) In the New Mexico's Program Revision Application package for 
RCRA Clusters XIII through XVIII, the State indicates that it is 
seeking authorization for breaking and crushing of universal waste 
lamps under the universal waste program, in order to reduce their 
volume to facilitate management or transport to destination facilities 
(see 75

[[Page 3157]]

FR 65432, Oct. 25, 2010). However, EPA did not authorize the breaking 
and crushing of universal waste lamps. The Agency needs further 
analysis to determine if the breaking and crushing of universal waste 
lamps will be authorized as part of the State's authorized program. 
Therefore, in this codification notice EPA has determined to exclude 
the lamp crushing provisions from this codification.
    (5) Memorandum of Agreement. The Memorandum of Agreement between 
EPA Region 6 and the State of New Mexico, signed by the EPA Regional 
Administrator on October 12, 2010, is referenced as part of the 
authorized hazardous waste management program under subtitle C of RCRA, 
42 U.S.C. 6921 et seq.
    (6) Statement of Legal Authority. ``Attorney General's Statement 
for Final Authorization'', signed by the Attorney General of New Mexico 
January 1985, and revisions, supplements and addenda to that Statement 
dated April 13, 1988; September 14, 1988; July 19, 1989; July 23, 1992; 
February 14, 1994; July 18, 1994; July 20, 1994; August 11, 1994; 
November 28, 1994; August 24, 1995; January 12, 1996; June 14, 2000, 
August 3, 2006, September 15, 2008, and March 18, 2009, are referenced 
as part of the authorized hazardous waste management program under 
subtitle C of RCRA, 42 U.S.C. 6921 et seq.
    (7) Program Description. The Program Description and any other 
materials submitted as supplements thereto are referenced as part of 
the authorized hazardous waste management program under subtitle C of 
RCRA, 42 U.S.C. 6921 et seq.

0
3. Appendix A to part 272 is amended by revising the listing for ``New 
Mexico'' to read as follows:

Appendix A to Part 272--State Requirements

* * * * *

New Mexico

    The statutory provisions include:
    New Mexico Statutes 1978 Annotated, Hazardous Waste Act, Chapter 
74, Article 4 (2000 Replacement Pamphlet). Please note that for a 
few provisions the version found in the 2009 Cumulative Supplement 
to NMSA 74-4 is the approved version of the statutes.
    Chapter 74, Article 4, Sections 74-4-2, 74-4-3 (except 74-4-3.A, 
74-4-3.N, and 74-4-3.R) (2009 Cumulative Supplement), 74-4-3.1, 74-
4-4.2.A and 74-4-4.2.B (2009 Cumulative Supplement), 74-4-4.2.G 
introductory paragraph (2009 Cumulative Supplement), 74-4-4.2.G(2) 
(2009 Cumulative Supplement), 74-4-4.3.F (2009 Cumulative 
Supplement), 74-4-4.7 (except 74-4-4.7.B and 74-4-4.7.C), 74-4-9, 
and 74-4-10.1.C, as published by Conway Greene Company, 1400 East 
30th Street, Suite 402, Cleveland, OH 44114; Phone: (216) 
619-8091; Web site: https://www.conwaygreene.com/nmsu/lpext.dll?f=templates&fn=main-h.htm&2.0.
    The regulatory provisions include:
    Title 20, Chapter 4, Part 1, New Mexico Annotated Code, 
effective March 1, 2009, unless otherwise indicated, Sections 
20.4.100, 20.4.1.101, 20.4.1.200, 20.4.1.300, 20.4.1.301, 
20.4.1.400, 20.4.1.401, 20.4.1.500, 20.4.1.501, 20.4.1.600, 
20.4.1.601, 20.4.1.700, 20.4.1.701, 20.4.1.702, 20.4.1.800, 
20.4.801, 20.4.1.900, 20.4.1.901.B.1 through 20.4.1.901.B.7, 
20.4.1.901.E, 20.4.1.902, 20.4.1.1000, 20.4.1.1001 introductory 
paragraph, 20.4.1.1001.A(2), 20.4.1.1001.B, 20.4.1.1002, 
20.4.1.1003, 20.4.1.1102 (June 14, 2000), and 20.4.1103 (October 1, 
2003). Copies of the New Mexico regulations can be obtained from the 
New Mexico Commission of Public Records, State Records Center and 
Archives, Administrative Law Division, 1205 Camino Carlos Rey, Santa 
Fe, NM 87507; Phone: (505) 476-7907; Web site: https://www.nmcpr.state.nm.us/nmac/titles.htm.
* * * * *
[FR Doc. 2012-999 Filed 1-20-12; 8:45 am]
BILLING CODE 6560-50-P
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